[Vision2020] School District Files Legal Response to Lawsuit

Carl Westberg carlwestberg846 at hotmail.com
Sat May 19 13:27:00 PDT 2007

It would appear that this will be settled by the court.  I have no idea how 
the ruling will come down, it is pretty complex, and I am not a lawyer, nor 
did I stay at a Holiday Inn Express last night.  Perhaps, Mr. Schwaller, you 
are, or you did, thus providing you with a keen insight into whether "MSD 
lied" or not.  The shame of this unfortunate ......thing.....is that an 
already deeply divided community is now even more so.  The ball is rolling, 
the dye is cast, the cat's out of the bag, and whatever other cliches apply. 
  Isn't the only thing we can do, as a community, is wait and see how the 
court rules?  And IF, hypothetically, the court decides that MSD did not 
"lie", what say you then, Mr. Schwaller?   Carl Westberg Jr.

>From: keely emerinemix <kjajmix1 at msn.com>
>To: Glenn Schwaller <vpschwaller at gmail.com>, <vision2020 at moscow.com>
>Subject: Re: [Vision2020] School District Files Legal Response to Lawsuit
>Date: Sat, 19 May 2007 12:51:11 -0700
>I've decided to call you out, Schwaller, every time you bear false witness 
>against MSD or anyone else.  I just thought I'd be able to wait a day or so 
>. . . You don't know if "MSD lied."  You don't know if MSD even, 
>inadvertently, got it wrong.  I do not believe MSD lied, and I know just a 
>tad more about MSD's history since 2002 than you do, I imagine.  And if 
>they got it wrong, I believe it was inadvertent.You, on the other hand, 
>chose to go with what you don't know and what is most unfair and dishonest 
>before the facts are out.  That makes you a a verbal brawler, a factious 
>man, one quick to argue, and a man of insufficiently godly character to 
>hold office in a Christian church.  And a real ass besides.That said, I 
>know a place where you might feel terribly welcome . . . and I bet you do, 
>too.keely> Date: Sat, 19 May 2007 11:32:39 -0700> From: 
>vpschwaller at gmail.com> To: vision2020 at moscow.com> Subject: Re: [Vision2020] 
>School District Files Legal Response to Lawsuit> > "You can't wait 10 to 15 
>years to complain about an election.> Elections have to be contested in "a 
>very narrow time frame," (the> district's attorney Brian) Julian said.> > 
>It took two weeks for this large legal firm to come up with this defense?> 
> > "Julian . . .described the district's response to the lawsuit as> 
>"comprehensive" because it uses all of the statutory and common law> 
>defenses available."> > i.e. let's throw everything on the wall and see 
>what sticks?> > " Beyond legal minutiae . . ."> > MSD lied and the budget 
>died.> > "Otherwise allowing deviations from the requirements - like the 
>time> element - would disenfranchise voters, (Julian) said."> > So am I 
>correct in this interpretation: contesting the legality of> MSD's actions 
>by deviating from the statutory requirement is different> from the 
>indefinite levy election deviating from the statutory> requirements?  How 
>so?> > Spiralling Schwaller> > > On 5/19/07, Tom Hansen 
><thansen at moscow.com> wrote:> > >From today's (May 19, 2007) Moscow-Pullman 
>Daily News -> >> > 
>----------------------------------------------------------------> >> > 
>School district files legal response to lawsuit> > MSD outlines defense, 
>seeks dismissal of suit filed by Weitz> >> > By Kate Baldwin, Daily News 
>staff writer> >> > Saturday, May 19, 2007 - Page Updated at 12:00:00 AM> >> 
> > The Moscow School District filed a legal answer Thursday that poses 18> 
> > defenses and asks for dismissal of a lawsuit that challenges up to $7.6> 
> > million in indefinite supplemental levy funding.> >> > Moscow dentist 
>Gerald Weitz filed the lawsuit against the district May 3 in> > Latah 
>County District Court. His lawsuit contends that the district's> > 
>indefinite levy - approved by voters in 1992 - should be invalid because 
>the> > election allegedly did not meet the statutory requirements of Idaho 
>law. He> > also argues that any subsequent levy increases that followed the 
>1992> > election should be invalid. This includes the $1.97 million 
>increase that> > voters approved March 27.> >> > The main point of the 
>answer to the lawsuit is simple, said the district's> > attorney Brian 
>Julian, of Boise-firm Anderson, Julian and Hull, LLP.> >> > "You can't wait 
>10 to 15 years to complain about an election," he said.> >> > Elections 
>have to be contested in "a very narrow time frame," Julian said.> >> > 
>Weitz's suit covers multiple elections from 1992 to 2007 but Julian 
>contends> > only the 2007 election falls within the state's 40-day 
>requirement for> > challenging elections. Even at that, Julian argues that 
>Weitz may not have> > met the state's requirements because he alleges that 
>Weitz didn't use the> > proper statute to contest the election.> >> > "This 
>is a very technical area of law," said Julian, who described the> > 
>district's response to the lawsuit as "comprehensive" because it uses all 
>of> > the statutory and common law defenses available.> >> > Julian said 
>the Legislature has created certain methods to contest elections> > but a 
>person has to strictly comply with every requirement in order to do> > so. 
>Otherwise allowing deviations from the requirements - like the time> > 
>element - would disenfranchise voters, he said.> >> > Voting "is perhaps 
>our most fundamental right that we enjoy as citizens," he> > said. "It is 
>an interesting thing No one likes to have their vote thrown out> > in any 
>manner."> >> > Beyond legal minutiae, Julian disagrees with the premise of 
>the suit.> >> > "We believe the bond election was absolutely properly put 
>before the public> > and there is nothing inherently wrong with the method 
>used," he said.> >> > Julian said the district's defense focuses mainly on 
>opposing the> > injunction, claiming different statutory defenses and 
>raising the question> > of whether Weitz had appropriate standing to bring 
>the lawsuit.> >> > Weitz did not return repeated calls seeking comment. His 
>attorney, Brian> > Thie, of Moscow, could not be reached for comment.> >> > 
>In other developments, the school district has frozen its budget while the> 
> > legal proceedings edge forward. A court date has not yet been set, 
>although> > Julian expects the case to move forward on a rapid trial 
>schedule.> >> > Julian said he's waiting for the assignment of a new judge 
>after Latah> > County District Court Judge John Stegner recused himself 
>from the case late> > Thursday.> >> > Though community members have begun 
>asking about the possibility of> > mediation, Julian said he didn't expect 
>it to happen.> >> > "I don't think this is the type of case where mediation 
>would really work,"> > he said.> >> > Julian said there have been no 
>discussions of it, but the lawsuit has just> > started.> >> > 
>----------------------------------------------------------------> >> > 
>Seeya round town, Moscow.> >> > Tom Hansen> > Moscow, Idaho> >> >> >> >> > 
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